Legal Implications of Task Rearrangement for Nurses in the Netherlands

2005 ◽  
Vol 12 (5) ◽  
pp. 431-439 ◽  
Author(s):  
Nicole PYM de Bijl
Keyword(s):  
Health Care ◽  
Task Allocation ◽  
Health Professions ◽  
Case Law ◽  
Legal Framework ◽  
Nursing Profession ◽  
Central Question ◽  
Legal Implications ◽  
Health Care Law ◽  
The Impact

The central question in this article concerns the implications of developments in the rearrangement of tasks in health care, particularly for nurses in terms of their duties and responsibilities. Attention is focused on the transfer of medical tasks from physicians to nurses. An investigation was carried out on the impact of the rearrangement of tasks from the perspective of health care law on the legal framework of the nursing profession. From case law it can be concluded that a number of specific conditions have to be met, such as mentoring, supervision and audit, orders and instructions, clear agreement about task allocation, comparing information, and making certain that the person who is given the instruction is sufficiently competent and experienced to carry it out. Although the rearrangement of tasks fits into the existing legal framework, changes in the health professions have to be met more flexibly.

The views of professional on the role of self-help groups in the mental health area

1999 ◽  
Vol 16 (3) ◽  
pp. 84-89 ◽  
Author(s):  
Elizabeth A Dunn ◽  
Aine C Fitzpatric
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Mental Health Care ◽  
Mental Health Professionals ◽  
Health Professions ◽  
Postal Survey ◽  
Self Help ◽  
Self Help Groups ◽  
The Impact

AbstractObjectives: Changes in healthcare policy over the last decade emphasise care in the community over residential care. Self-help organisations may play a useful role in these circumstances. Against this background, the objective of this study was to obtain the views of members of the main mental health professions on the place of self-help groups in mental health care.Method: A postal survey of 255 mental health professionals from two health boards was carried out, using a semi-structured questionnaire that contained both open and closed questions. The responses obtained were analysed using descriptive statistics and content analysis as appropriate.Results: The response rate was 35% so results must be interpreted cautiously. Self-help groups are used particularly in the management of addictive behaviours, and are also considered useful in cases of mood disorder. In general, self-help organisations are seen as providing support to patients and their families; information on mental illness/health to the general public; and lobbying for services relevant to the needs of their members. Respondents were concerned that the philosophy and programme of a group should not conflict with established models of mental health. The impact of the organisational structure of the multi-disciplinary team on the referral pattern of the different mental health professions, and the role of group availability and accessibility on the decision to refer a patient to a self-help group is commented upon.Conclusions: While some professionals see a role for self-help organisations in the mental health care system, reservations expressed about a possible clash between selfhelp groups' approach and professional mental healthcare practice need to be addressed so that the potential of both positions can be realised.

Patient Mobility in Times of Austerity: A Legal and Policy Analysis of the Petru Case

2016 ◽  
Vol 23 (1) ◽  
pp. 36-60 ◽  
Author(s):  
Markus Frischhut ◽  
Nick Fahy
Keyword(s):  
Health Care ◽  
Social Security ◽  
Policy Analysis ◽  
Case Law ◽  
Fundamental Rights ◽  
Patient Mobility ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Potential Impact ◽  
The Impact

The case-law of the Court of Justice (ecj ) on patient mobility was recently challenged by a ruling that a patient could go to Germany for treatment when facilities in Romanian hospitals were inadequate. Given the reported impact of austerity measures in the field of health care this raises the question; what is the impact of the ecj ’s ruling on how Member States can manage expenditure and limit outflows of patients and how should such measures be legally evaluated? The objective of this article is to analyse potential impact on health systems in the context of increasing pressure on public financing for health. While the ecj mainly referred to the requirement of treatment in due time, we also analyse possible austerity reductions of the basket of care against the background of eu law (i.e., ecj case-law, patient mobility directive, Charter of Fundamental rights and social security regulation).

Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland & the Impact of Supreme Court Jurisprudence

2009 ◽  
Vol 5 (1) ◽  
pp. 32-70 ◽  
Author(s):  
Gavin Barrett
Keyword(s):  
European Union ◽  
Political Parties ◽  
Supreme Court ◽  
Case Law ◽  
Legal Framework ◽  
Equal Access ◽  
Constitutional Amendment ◽  
Political Implications ◽  
The Impact

Irish legal framework on European referendums – Case-law – Judicial activism – No appropriate legislative reaction – Essential scope or objectives test – Constitutional amendment necessary if test not met – Single Act – Pressure for referendum at each new treaty – Political implications – Positive and negative sides of referendums – Referendum-elites – Government sidelined – Equal access to broadcasting – Issues of equality – Diminished role of political parties

Changing the Face of Health Care: A Participatory Theater Intervention for Promoting Retention of Under-Represented Minority Students in Health Care

2021 ◽  
Vol 75 (Supplement_2) ◽  
pp. 7512510280p1-7512510280p1
Author(s):  
Sally Wasmuth ◽  
NiCole Keith ◽  
Kevin T. Pritchard
Keyword(s):  
Health Care ◽  
Minority Students ◽  
Health Care Professionals ◽  
Minority Student ◽  
Health Professions ◽  
Health Care Education ◽  
Sequential Mixed Methods ◽  
The Face ◽  
The Impact ◽  
Participatory Theater

Abstract Date Presented Accepted for AOTA INSPIRE 2021 but unable to be presented due to online event limitations. Health workforce diversity and under-represented minority student enrollment in health professions programs are major sources of concern for allied health professions. We used sequential mixed methods to examine the impact of a participatory theater intervention on minority students’ engagement in their educational journeys toward becoming health care professionals, with the goal of promoting diversity in health care education, and found a significant increase in meaningful participation. Primary Author and Speaker: Sally Wasmuth Contributing Authors: NiCole Keith, Kevin T. Pritchard

Women who kill abusive partners: reviewing the impact of section 55(3) ‘fear of serious violence’ manslaughter – some empirical findings

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Susan S M Edwards
Keyword(s):  
Legal Reform ◽  
Intimate Partner Abuse ◽  
Case Law ◽  
Legal Framework ◽  
Intimate Partner ◽  
Self Control ◽  
Abused Women ◽  
Loss Of Self ◽  
And Control ◽  
The Impact

In October 2010, section 55(3) of the Coroners and Justice Act 2009 came into force, and ‘fear of serious violence’ was expressly included in the statute as a qualifying trigger for ‘loss of self-control’ voluntary manslaughter, a partial defence to murder. This development (albeit that it is a gender-neutral provision) was anticipated to be an important step in recognising the situation of a woman who, in fearing a partner’s violence, control and abuse, kills to preserve her own life. The provision is only operative where ‘fear of serious violence’ and ‘loss of self-control’ can be established, which, given its limitations, prohibits many women in fear of a partner’s violence and coercion from successfully using this defence. The author’s review of the legal reform and the case law, together with 40 homicide cases involving female defendants who killed intimate current or former partners (April 2011–March 2016) demonstrates that this defence, which promised to deliver justice for abused women, has been little used. Women’s vulnerability and fear and response to intimate partner abuse and control is still insufficiently understood and explored and is evident where juries return murder rather than manslaughter verdicts. Further reform is needed to the legal framework regarding this and other defences in order to achieve a just law by incorporating women’s experience of, and defensive response to, violence and control in its many forms.

scholarly journals Inversión extranjera y minería privada en contexto dictatorial: El Decreto Ley 600 y la desnacionalización del cobre. Chile, 1974-1977

2020 ◽  
Author(s):  
Ximena Ortiz Morales
Keyword(s):  
Foreign Investment ◽  
Legal Framework ◽  
Structural Reforms ◽  
Central Question ◽  
Military Dictatorship ◽  
Mining Investment ◽  
Investment Process ◽  
The Impact ◽  
The Way

Durante la dictadura cívico-militar chilena se implementaron una serie de reformas que modificaron el marco legal de la minería y dieron paso a la modernización neoliberal de la principal actividad extractiva del país. De esta manera, los primeros años de la dictadura estuvieron caracterizados por la aplicación rígida e ideológica de reformas estructurales, entre estas medidas se inscribe el llamado Estatuto de la inversión extranjera, también conocido como DL 600. Durante la dictadura cívico-militar chilena se implementaron una serie de reformas que modificaron el marco legal de la minería y dieron paso a la modernización neoliberal de la principal actividad extractiva del país. De esta manera, los primeros años de la dictadura estuvieron caracterizados por la aplicación rígida e ideológica de reformas estructurales, entre estas medidas se inscribe el llamado Estatuto de la inversión extranjera, también conocido como DL 600.  En artículo analiza parte de los alcances de este diseño legal, orientado por la interrogante acerca del impacto y alcances que este tuvo en el proceso de inversión minera e intenta responder a la interrogante central del problema, a saber, ¿en qué medida el DL 600 abrió el camino para la instalación de las transnacionales mineras?   ABSTRACT During the Chilean civil-military dictatorship, a series of reforms were implemented that modified the legal framework for mining and gave way to the neoliberal modernization of the country’s main extractive activity. In this way, the first years of the dictatorship were characterized by the rigid and ideological application of structural reforms. Among these measures is the so-called Foreign Investment Statute, also known as DL 600. During the Chilean civil-military dictatorship, a series of reforms were implemented that modified the legal framework for mining and gave way to the neoliberal modernization of the country’s main extractive activity. In this way, the first years of the dictatorship were characterized by the rigid and ideological application of structural reforms. Among these measures is the so-called Foreign Investment Statute, also known as DL 600.  The article analyzes part of the scope of this legal design, guided by the question about the impact and scope that it had on the mining investment process and tries to answer the central question of the problem, namely, to what extent did DL600 open the way for the installation of the mining transnationals?

scholarly journals Irregular migrants challenging policy hierarchies and health professions - the case of Sweden

2012 ◽  
Vol 1 (2) ◽  
pp. 34 ◽  
Author(s):  
Carin Björngren Cuadra
Keyword(s):  
Health Care ◽  
Emergency Care ◽  
Health Professions ◽  
Legal Framework ◽  
Comparative Perspective ◽  
Full Cost ◽  
Irregular Migrants ◽  
Hierarchical Relationship ◽  
Welfare Model

In a European comparative perspective Sweden, though upholding a universal welfare model is one of the most restrictive countries as regards irregular migrants’ right to access health care. They do not access care via the legal framework beyond emergency care upon payment of the full cost. The aim of this article is to present initial findings from a study exploring the Swedish policy answers as regards right to access health care for irregular migrants residing in the country. Sweden’s policy answers is put in a European comparative perspective as well as discussed with an interest for suggested changes involving access on the same terms as resident and the role of health and welfare professions’ is regard. By claiming that their jurisdiction within health and welfare services is independent from the state’s interest of control of migration a prevailing hierarchical relationship between social policies and those of migration is renegotiated.

How do international norms matter? The impact of the Convention on the Elimination of all Forms of Discrimination Against Women in Italy

2018 ◽  
Vol 48 (2) ◽  
pp. 221-241
Author(s):  
Alessia Donà
Keyword(s):  
International Relations ◽  
Domestic Politics ◽  
Case Law ◽  
International Norms ◽  
Central Question ◽  
International Treaty ◽  
Domestic Legislation ◽  
Italian Politics ◽  
The Impact

The role of the international norms in domestic politics is a central question in international relations. This article examines the major international treaty on the human rights of women, the Convention on the Elimination of all Forms of Discrimination Against Women, and its impact on Italian politics, specifically on domestic legislation, case law and civil society activism, and institutional structure. The research contributes to the general debate on international norms diffusion and implementation, and identifies the factors which enable states to comply with these norms.

scholarly journals Juridical Status of So-called Smart Contracts against the Background of the Polish Legal Framework

2019 ◽  
Vol 13 (2) ◽  
pp. 189-218
Author(s):  
Bogna Kaczorowska
Keyword(s):  
Technological Innovation ◽  
Legal Framework ◽  
Contract Law ◽  
Practical Implementation ◽  
Smart Contracts ◽  
Current Development ◽  
Law System ◽  
Blockchain Technology ◽  
Legal Implications ◽  
The Impact

Among substantial advancements challenging contemporary contract law special attention is given to autonomous, cryptographic solutions based on decentralised infrastructure provided by blockchain technology, intended to execute transactions automatically, designated as smart contracts. The need for comprehensive research on legal implications of practical implementation of this technological innovation is triggered particularly by the prognostications declaring it a valid alternative to hitherto contract law framework that is expected to be ultimately replaced by algorithmic mechanisms underpinning smart contracts.A relevant assessment of the impact smart contracts are presumed to have on the contract law domain requires a thorough analysis of their juridical status. The specificity of the category of smart contracts raises doubts whether they comply with the definition criteria inherent to contract law terminology. Additionally, it is of material importance to determine the function smart contracts can perform in the sphere of contractual practice and to confront it with the role and axiology of contract law.The article aims at analysing the peculiarities of smart contracts from the perspective of the Polish private law system with account being also taken of current development tendencies concerning the concept of contract.

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